Jump to content
VA Disability Claims Community Forums - HadIt.com Veterans
  • veterans-crisis-line.jpg
    The Veterans Crisis Line can help even if you’re not enrolled in VA benefits or health care.

    CHAT NOW

  • question-001.jpeg

    Have Questions? Get Answers.

    Tips on posting on the forums.

    1. Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery instead of ‘I have a question.
       
    2. Knowledgeable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title.
      I don’t read all posts every login and will gravitate towards those I have more info on.
       
    3. Use paragraphs instead of one massive, rambling introduction or story.
       
      Again – You want to make it easy for others to help. If your question is buried in a monster paragraph, there are fewer who will investigate to dig it out.
     
    Leading too:

    exclamation-point.pngPost straightforward questions and then post background information.
     
     
    Examples:
     
    • Question A. I was previously denied for apnea – Should I refile a claim?
      • Adding Background information in your post will help members understand what information you are looking for so they can assist you in finding it.
    Rephrase the question: I was diagnosed with apnea in service and received a CPAP machine, but the claim was denied in 2008. Should I refile?
     
    • Question B. I may have PTSD- how can I be sure?
      • See how the details below give us a better understanding of what you’re claiming.
    Rephrase the question: I was involved in a traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?
     
    This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial of your claim?”
     
    Note:
     
    • Your first posts on the board may be delayed before they appear as they are reviewed. This process does not take long.
    • Your first posts on the board may be delayed before they appear as they are reviewed. The review requirement will usually be removed by the 6th post. However, we reserve the right to keep anyone on moderator preview.
    • This process allows us to remove spam and other junk posts before hitting the board. We want to keep the focus on VA Claims, and this helps us do that.
  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • VA Watchdog

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

  • 0

No Ssoc Issued Before Return To Bva


ketchup56

Question

I recently had a remanded case remanded to the good ole AMC, solely for them to order my ssa records and attach to the files. Once i made sure that the records were indeed now a part of my case file i waived their consideration of adjudication and files were immediately returned to the bva in where it has been since mid july this year in the currently with vlj status. But before it went to the currently with vlj status on ebenefits it read that my files were being returned to the vamc. All this on the same day.

My question is even though i waived the amc"s jurisdiction, should i or not been issued a ssoc stating a continual of denial "BEFORE" returning files back to bva jurisdiction? Seems to me that this would be a procedural error and cause for a second remand therefore causing further delay in adjudication of appeal. I never received a ssoc and when i call the bva they say i need to get a copy from the amc (if the files are with the bva how can the amc provided me with a copy) and when i call the amc they say i have to get a copy from the bva. IF INDEED A SSOC WAS EVER WRITTEN NO ONE WILL TELL ME THIS.

Link to comment
Share on other sites

  • Answers 7
  • Created
  • Last Reply

Top Posters For This Question

7 answers to this question

Recommended Posts

I recently had a remanded case remanded to the good ole AMC, solely for them to order my ssa records and attach to the files. Once i made sure that the records were indeed now a part of my case file i waived their consideration of adjudication and files were immediately returned to the bva in where it has been since mid july this year in the currently with vlj status. But before it went to the currently with vlj status on ebenefits it read that my files were being returned to the vamc. All this on the same day.

My question is even though i waived the amc"s jurisdiction, should i or not been issued a ssoc stating a continual of denial "BEFORE" returning files back to bva jurisdiction? Seems to me that this would be a procedural error and cause for a second remand therefore causing further delay in adjudication of appeal. I never received a ssoc and when i call the bva they say i need to get a copy from the amc (if the files are with the bva how can the amc provided me with a copy) and when i call the amc they say i have to get a copy from the bva. IF INDEED A SSOC WAS EVER WRITTEN NO ONE WILL TELL ME THIS.

Read the remand instructions thoroughly.

Link to comment
Share on other sites

  • Moderator

You should know if you ever got a Suplemental Statement of Case. That is, it should be sent to your address on file, and, unless you moved or the Va has your wrong addy, you should have received a SSOC.

My recommendation: Dont say anything now. If your appeal is successful, then also, do not say anything. However, if your appeal is later denied, then you could raise this procedural error.

If a SSOC is indicated by the evidence, and the VA fails to file the required SSOC, that is a procedural error similar to the VA failure to file a SOC.

Link to comment
Share on other sites

You should know if you ever got a Suplemental Statement of Case. That is, it should be sent to your address on file, and, unless you moved or the Va has your wrong addy, you should have received a SSOC.

My recommendation: Dont say anything now. If your appeal is successful, then also, do not say anything. However, if your appeal is later denied, then you could raise this procedural error.

If a SSOC is indicated by the evidence, and the VA fails to file the required SSOC, that is a procedural error similar to the VA failure to file a SOC.

This was "EXACTLY" the way i was planning to go. Procedural error"s keeps me in the game longer to submit new evidence to counter the BS that comes with these crazy and bizarre decisions.

Link to comment
Share on other sites

Well someone at bva caught this (no ssoc issused before returning to board) and bva is allowing files to be returned to the amc to correct this error and ordered the amc to adjudicate as instructed. This was done on jan. 10, 2013. Today i see on ebenefits that amc has as of 5-16-2012 (the date of first remand to amc) listed my claim status as an "Administrative review claim". Reason review was requested was because as stated in appeal updates my "status has changed" after receipt of "new evidence" (ssa records). Still researching "administration review claims" ordered by raters at vba. Not really sure what to make of this. Anyone ever had this happen in their claims process?

Link to comment
Share on other sites

My personal experience with the AMC caused me to wonder if they can read.

Did you formally sign the SSA authorization form from VA and is your SSDI award solely for you SC conditions (or what could become SC conditions?)

The BVA will not allow the AMC to infringe on our rights.

Link to comment
Share on other sites

My personal experience with the AMC caused me to wonder if they can read.

Did you formally sign the SSA authorization form from VA and is your SSDI award solely for you SC conditions (or what could become SC conditions?)

The BVA will not allow the AMC to infringe on our rights.

Yes i did submit all award letters directly to varo 2 years ago and when bva got the case they remanded it back to the amc to order ssa records and re adjudicate claim again with consideration of the new evidence(ssa records). My ssa award is solely for what i'm claiming sc for. As of today ebenefits is showing my appeal as closed, BUT at the same time they open a what they call a "Administrative Review Claim". From what i'm getting is these reviews are done by the higher up's at the varo/amc. Also no ssoc was issued when appeal was closed out today according to my ebenefits. Any input is appreciated, as i don't know what to make of this. DOCKET NO. 12-05 464......

Edited by ketchup56 (see edit history)
Link to comment
Share on other sites

Yes i did submit all award letters directly to varo 2 years ago and when bva got the case they remanded it back to the amc to order ssa records and re adjudicate claim again with consideration of the new evidence(ssa records). My ssa award is solely for what i'm claiming sc for. As of today ebenefits is showing my appeal as closed, BUT at the same time they open a what they call a "Administrative Review Claim". From what i'm getting is these reviews are done by the higher up's at the varo/amc. Also no ssoc was issued when appeal was closed out today according to my ebenefits. Any input is appreciated, as i don't know what to make of this. DOCKET NO. 12-05 464......
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...

Important Information

{terms] and Guidelines